HOAs figure out how to regulate pot after 64

DENVER - If you live in a condominium or homeowners association in Colorado, there may be a few more discussions at upcoming board meetings about Amendment 64.

A lot of people have questioned how much authority your association has when it comes to regulating marijuana use.

"It's here and the reality is how we deal with it," said Jeremy Kilbourne, partner and General Manager of the Wellness Shop on Evans Avenue in Denver.

Kilbourne has lived in an HOA before. In business since 2009, he knows very well the issues people have faced using marijuana around their neighbors.

"A lot of people have been evicted because they were found out to be medical marijuana patients and a lot of irresponsible growers have ruined houses," he said.

Since he prides himself on responsible industry standards, he is watching closely how Colorado's common homeowners regulate cannabis after Amendment 64.

"Some communities might decide that it's just not right for them, and that's up for them to decide," he said.

Jerry Orten, a community association attorney, says community associations have every right to ban marijuana use in a community, even after Amendment 64.

He points to a New Jersey court case that denied owners' claims that an association's actions violated rights protected by the New Jersey State Constitution

"Colorado courts would likely take the same position, that a constitutional right in the Colorado Constitution like the right to use marijuana, does not extend into HOAs," he said. "You can amend your covenants to restrict pot."

More enforceable, he says, may be the smell from marijuana in a shared community.

"Some condominium communities have gone so far as to restrict cigar smoking, cigarette smoking, pipe smoking, etc.," Orten said. "I think that may apply here as to marijuana smoking because it has a very pungent odor."

Kilbourne agreed odor issues may be one of the highest priorities in an HOA or community association.

"That's a pretty clear rule they're going to be making," he said.

Furthermore, he advocated a sensible discussion about marijuana in every Colorado community.

"Really the discussion should be respectful to the cannabis user, as well as the people who don't want cannabis in their community," Kilbourne said.